On Friday, Amendment 122135 was filed as part of Senate Bill 234, which addressed State v. James, 298 So. 3d 90 (Fla. 2d DCA 2020) (the case that said someone who has not paid their fee has no requirement to register), but removed the parts of the bill that state, “A day includes any part of a calendar day.”
https://www.flsenate.gov/Session/Bill/2021/234/Amendment/122135/PDF
If the language that concerned us the most (having to register places where we were present for only parts of a day), is gone, this is great news!
I would like to think that all of our efforts in bringing this concern to the legislators caused them to rethink the “a day includes any part of a calendar day” change. We will keep everyone updated.
SB 234: Sexual Offender Registration
4/27/2021
Senate Concurred in 1 amendment(s) (606605)
CS passed as amended; YEAS 39 NAYS 0
Ordered engrossed, then enrolled
https://flsenate.gov/Session/Bill/2021/234/BillText/er/PDF
For those that can’t or won’t read the bill, the onerous verbiage “part of a calendar day” is gone.
Unfortunately, the ability to manage vehicle registrations online is gone as well.
No carrot without the stick.
Is FAC’s position that the remaining bill is good, bad, or just neutral?
Does it make any significant differences affecting how to comply?
Too bad about online vehicles. “Any part of a day” would, of course, have been a fiasco.
Grateful as always to our Legislative Committee volunteer(s).
Any Bill impacting our population or AGAIN changing 943.0435 for the 22nd time in the 24 years it’s been in effect, is bad.
However the language that we were MOST concerned with is gone and for that, this is good. We didn’t get a benefit (reporting vehicles online), but we avoided a HUGE debacle.
For Mr. James and anybody else who is impacted by the “fee” language, it’s naturally bad.
Let me put it this way… every year we go into the legislative session expecting to get bashed in the head with a sledgehammer. This year was looking that way for a bit. In the end, we’re taking our punch to the arm and grateful for the support we had from our members in avoiding the sledgehammer.
Arriving Friday afternoon & leaving Monday morning would not trigger registration. Not unless you’re staying at the same address at other time(s) during the calendar year.
Staying in a vacation rental unit POSSIBLY could, depending on pending legislation.
Is it true that I could come to Florida- arrive Friday afternoon sometime and leave first thing Monday morning- and NOT have to register? Could someone explain how this works? I would like to come down there with my family, but absolutely don’t want to wind up afoul of any registration requirements for out of state registrants.
Thank you!
WORLDWIDE PLANETARY BULLETIN: STAY AWAY FROM FLORIDUH AT ALL COSTS
But, if you have to come, under your scenario, you would not have to register. Under current FDLE interpretation, Friday and Monday do not count toward the 3 days, only Saturday and Sunday count.
(1)(f) “Permanent residence,” “temporary residence,” and “transient residence” have the same meaning as provided in s. 775.21.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0435.html
(2)(k) “Permanent residence” means a place where the person abides, lodges, or resides for 3 or more consecutive days.
(2)(n) “Temporary residence” means a place where the person abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for a period of 3 or more days in the aggregate during any calendar year and which is not the person’s permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state.
(2)(o) “Transient residence” means a county where a person lives, remains, or is located for a period of 3 or more days in the aggregate during a calendar year and which is not the person’s permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.21.html
Without a doubt whoever came up with these definitions had to be high on something. They do not register with being valid for anyone in his/her right mind. I grew up in a Navy family and spent 29 years in the Navy myself. I think I have a pretty good idea as to what permanent and temporary residence are. A permanent residence is where you move your household to. A temporary residence is where you pack your suitcase and shaving kit and reside while on a temporary assignment. A motel/hotel room while on vacation hardly fits any of the political BS definitions.
Please click on links in this thread and read the bills. This will answer many repeat questions.
HB 141 Parenting and Time-Sharing of a Minor Child for a Convicted Parent [Companion bill to SB 932] contains the same language as SB 932. This has not changed through any amendments or committee substitutes.
https://flsenate.gov/Session/Bill/2021/141
https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=70127&SessionId=90
UPDATE SB 522 Vacation Rentals [24-hour rule still in bill]
– On Committee agenda– Rules, 04/20/21, 8:30 am, 412 Knott Building
https://flsenate.gov/Session/Bill/2021/522
Does vacation rental bill need a call to action ie do we have a strong position on it pending next week’s hearing?
So where do we stand on 234???
Thanks
Sailtime
Thanks for the update in the weekly up you sent out today. It really helped to know the process of a bill.
Thanks to all the volunteers with FAC.
Sailtime
What a blessing FAC is!
Amen Captain
Sailtime
There’s no requirement to register if arriving “Friday late afternoon and leaving Sunday evening.”
That itinerary does not fit any legal definition of “three or more days” (FDLE, county, existing or proposed, Lauren Book) that I am aware of.
So I would not hesitate to visit Florida under these circumstances.
The only exception would be if one were staying at the same address at additional time(s) during the same calendar year, or if the address in question is a vacation rental unit (depending on pending legislation).
Latest on SB 522 Vacation Rentals:
4/14/2021 Senate – On Committee agenda– Rules, 04/14/21, 9:00 am, 412 Knott Building –Not Considered
https://flsenate.gov/Session/Bill/2021/522
Latest on SB 932 Time Sharing:
4/14/2021 Senate • Read 2nd time
• Substituted CS/HB 141
• Laid on Table, refer to CS/HB 141
https://flsenate.gov/Session/Bill/2021/932
HB 141:
4/14/2021 Senate • Withdrawn from Rules
• Placed on Calendar, on 2nd reading
• Substituted for CS/CS/SB 932
• Read 2nd time
• Read 3rd time
• CS passed; YEAS 40 NAYS 0
• Immediately certified
4/14/2021 House • In Messages
• Ordered enrolled
https://flsenate.gov/Session/Bill/2021/141
https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=70127&SessionId=90
The info our Legislative Committee digs up, may be too much for my little brain to process. People like me may need this stuff explained as if explaining to a small child.
The vacation rental bill is on the committee agenda but also not considered?
HB 141– is that a good bill or a bad bill?— was withdrawn but also unanimously passed and immediately certified?
The time sharing bill has been further advancing (I think?). Any further action we need to be taking?
Latest on SB 234:
4/13/2021 House • Substituted for CS/HB 193
• Read 2nd time
• Amendment 122135 adopted
• Placed on 3rd reading
• Added to Third Reading Calendar
4/14/2021 House • Temporarily postponed, on 3rd Reading
https://flsenate.gov/Session/Bill/2021/234
HB 193
4/13/2021 House • Substituted CS/CS/SB 234
• Laid on Table, refer to CS/CS/SB 234
https://flsenate.gov/Session/Bill/2021/193/?Tab=BillHistory
Companion Bill passed, refer to CS/CS/SB 234 on Tuesday, April 13, 2021 3:41 PM; HB Laid on Table
https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=70221&SessionId=90
Does it still look ok?
Yep…It is Called the ‘Matt Gaetz Quasi-Relief Bill’ as one very Senior Floridian Politician Told me this Morning…….He is a Registered Republican…..
As He Chuckled, ‘He is No J.E.’….
Obviously, He is An XXXHOLE, Himself…..Hypocrisy Everywhere in Flori-DUH! It is all about where your ‘GREENBACKS’ come from!
A senior FL politician confides in you and you post that he’s an ‘axxhole’?
Because we could use more senior Florida politicians on our issue.
Have you tried talking to him about the registry?
Can somebody clarify this whole what counts as a day thing for me please? I was wanting to Travel in June To Florida for just a weekend by Plane. I would arrive Friday late afternoon or early evening and Leave Sunday Afternoon/evening.
Under this scenario it would be 3 days I guess but roughly a stay of just over 48 hours. Plus the Police stations to register would not be open to my understanding my time to be there.
WORLDWIDE PLANETARY BULLETIN: STAY AWAY FROM FLORIDUH AT ALL COSTS
But, if you have to come, under your scenario, you would not have to register. Under current FDLE interpretation, Friday does not count toward the 3 days, only Saturday and Sunday count.
I don’t really recommend coming to Florida. If you have to register while visiting the state you remain on the Florida registry for the rest of your life. Even if you’ve only were here for a few days. That’s why the state’s registry is so bloated. If you don’t register and you get pulled over while in the state even if you still have time to do so depending on what county you are in could depend on whether they arrest you on the spot. Just my opinion. I’ve been on the Florida registry for 26 years now so I have I little bit of experience in this.
Awesome news, redefining the term “day” would have crippled us and given LE more tools to violate us.
I not only sent emails to my senators but contacted numerous registered and non-registered citizens and asked them to help. Everyone did.
This goes to show that when enough voters scream, they are more likely to listen. After all, their biggest fear is not being re-elected.
Great job FAC, thanks again for the amazing work you do.
I was going to register the Book family’s address since I would have protested in front of their houses.
If I lived in Florida and the proposal passed as written before the amendment, I’d have just taken the phone book to the sheriff’s office and told them to register every single address in it.
The words “Ridiculousness” and “government” go hand in hand 🤪. Start the circus music whenever appropriate. Thank you FAC!!
Thank you for the update!
Thank for the update and for staying on top of this!!!
I was prepared to submit voluminous reports daily on my ‘stays’ at Walmart, Aldi, Publix, Walgreens, CVS, Sunoco, Hobby Town, Jabbers, etc etc etc.
Lol I was planning on being a smart a$$ too. I was going to go and spend nearly an entire day at the sheriff’s office registering every store, fishing spot, walmart, Walgreens, Cvs, pizza hut, any and all fast food and restaurants in the county along with the surrounding counties. The mall, all movie theaters, Payne’s prairie. Lol I have a list compiled and ready to go. I guess this is how we veterans respond to idiocracy? Lol
Thank you FAC for keeping us informed.
Yes that would be some good news
That’s the best news I’ve heard in a long time. Sometimes…most times..I cant plan my job/ work in advance so that I can take time off from my job to go and report in person that I will be at one address and then a different address later in the same day.
The goal of FAC is to give our cause a voice. Our individual goal should be to develop having teeth. I do my part by harnessing salons and barber shops to getting people elected. It works!
That is definitely great news as I would hate to have to register every gas station or grocery store or friend’s house or even the courthouse due to visiting to register. They would have such a flood of processing it would be unmanageable. It would be untenable for everyone.
What line(s) in this amendment fixes the “day” issue?
Do we know which senator proposed this amendment? Credit where credit is due.